September 15, 2004

Judge asked to block Rudolph evidence

Eric Robert Rudolph wants a federal judge to block any evidence investigators seized from a North Carolina mobile home and storage shed because he contends the search warrants weren’t specific.

Rudolph’s lawyers argued in court papers made available to the public Tuesday that any items seized not be used at trial because the warrants were too general and violate the Fourth Amendment which protects people from unreasonable search and seizure.

The filing did not detail what items were seized from Cal’s Mini Storage, Unit #91, on Old Peachtree Road in Marble, N.C., and a single-wide mobile home on Caney Creek Road in Murphy, N.C. Searches were authorized by the warrants in March 1998.

The warrants were the fifth and sixth of seven warrants served. The filing shows another warrant was used to search a Nissan truck on Feb. 9, 1998.

Affidavits compiled by the FBI and the Bureau of Alcohol, Tobacco and Firearms outlined evidence authorities contend links Rudolph to the January 1998 bombing at a Southside abortion clinic that killed off-duty police officer Robert “Sande” Sanderson and critically injured nurse Emily Lyons.

Rudolph’s trial is set for May. Rudolph has pleaded not guilty. If convicted, he could face the death penalty.

Rudolph also faces trial in the 1996 Olympic Park bombing in Atlanta that killed one woman and injured more than 100. He also is accused of carrying out bombings at an abortion clinic and a gay night club in Atlanta. Authorities arrested Rudolph May 3, 2003, in Murphy, N.C., after a five-year manhunt.

Investigators have said the Birmingham bomb used dynamite which contains nitroglycerin. The investigators’ documents also said the primary explosive ingredient in nitroglycerin-based dynamite was found during a search at Rudolph’s residence.